I 

116TH CONGRESS 

1ST SESSION H. R. 2975 

To protect a woman’s ability to determine whether and when to bear a 

child or end a pregnancy, and to protect a health care provider’s ability 

to provide reproductive health care services, including abortion services. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2019 

Ms. JUDY CHU of California (for herself, Mr. VELA, Ms. VELA ́ZQUEZ, Ms. 

WASSERMAN SCHULTZ, Mrs. WATSON COLEMAN, Mr. WELCH, Ms. 

WEXTON, Ms. WILD, Ms. WILSON of Florida, Mr. KENNEDY, Mr. 

LOEBSACK, Ms. SEWELL of Alabama, Mr. SHERMAN, Mr. YARMUTH, Mr. 

EVANS, Mr. SCOTT of Virginia, Mr. THOMPSON of Mississippi, Mrs. 

BUSTOS, Mr. BUTTERFIELD, Mr. NEGUSE, Mr. ALLRED, Ms. ADAMS, 

Mr. AGUILAR, Ms. BARRAGA ́N, Ms. BASS, Mrs. BEATTY, Mr. BERA, Mr. 

BEYER, Mr. BLUMENAUER, Ms. BLUNT ROCHESTER, Ms. BONAMICI, Mr. 

BROWN of Maryland, Ms. BROWNLEY of California, Mr. CARBAJAL, Mr. 

CA ́RDENAS, Mr. CARSON of Indiana, Mr. CASTEN of Illinois, Ms. CASTOR

of Florida, Mr. CISNEROS, Ms. CLARK of Massachusetts, Ms. CLARKE of 

New York, Mr. CLAY, Mr. COHEN, Mr. CONNOLLY, Mr. COOPER, Mr. 

COX of California, Mr. CRIST, Mr. CROW, Mr. SUOZZI, Mr. CUMMINGS, 

Mr. MORELLE, Mrs. DAVIS of California, Mr. DANNY K. DAVIS of Illinois, Ms. DEAN, Mr. DEFAZIO, Ms. DEGETTE, Ms. DELAURO, Ms. 

DELBENE, Mr. DELGADO, Mrs. DEMINGS, Mr. DEUTCH, Mrs. DINGELL, 

Mr. DOGGETT, Mr. ENGEL, Ms. ESCOBAR, Mr. ESPAILLAT, Mrs. 

FLETCHER, Mr. FOSTER, Ms. FRANKEL, Ms. FUDGE, Ms. GARCIA of 

Texas, Ms. SCANLON, Mr. GOMEZ, Mr. GREEN of Texas, Mr. GRIJALVA, 

Ms. HAALAND, Mr. HASTINGS, Mrs. HAYES, Mr. HECK, Mr. HIGGINS of 

New York, Ms. HILL of California, Mr. HIMES, Ms. NORTON, Mr. 

HORSFORD, Ms. HOULAHAN, Ms. JACKSON LEE, Ms. JAYAPAL, Mr. 

JOHNSON of Georgia, Ms. JOHNSON of Texas, Ms. KAPTUR, Ms. KELLY

of Illinois, Mr. KHANNA, Mr. KILMER, Mr. KIND, Mrs. KIRKPATRICK, 

Mr. KRISHNAMOORTHI, Ms. KUSTER of New Hampshire, Mr. LARSEN of 

Washington, Mrs. LAWRENCE, Mr. LAWSON of Florida, Ms. LEE of California, Mrs. LEE of Nevada, Mr. LEVIN of Michigan, Mr. LEWIS, Mr. 

TED LIEU of California, Ms. LOFGREN, Mr. LOWENTHAL, Mrs. LOWEY, 

Mr. LUJA ́N, Mrs. CAROLYN B. MALONEY of New York, Mr. SEAN PATRICK MALONEY of New York, Ms. MATSUI, Mrs. MCBATH, Ms. MCCOLLUM, Mr. MCEACHIN, Mr. MEEKS, Ms. MENG, Ms. MOORE, Mr. 

MOULTON, Ms. MUCARSEL-POWELL, Mr. NADLER, Mrs. NAPOLITANO, 


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Mr. O’HALLERAN, Ms. OMAR, Mr. PANETTA, Mr. PAPPAS, Mr. PAYNE, 

Mr. PERLMUTTER, Mr. PETERS, Ms. PINGREE, Mr. POCAN, Ms. 

PRESSLEY, Mr. PRICE of North Carolina, Mr. QUIGLEY, Mr. RASKIN, 

Miss RICE of New York, Mr. RICHMOND, Mr. ROUDA, Mr. RUPPERSBERGER, Ms. SA ́NCHEZ, Mr. SARBANES, Ms. SCHAKOWSKY, Mr. SCHIFF, 

Mr. SCHNEIDER, Mr. SCHRADER, Ms. SCHRIER, Mr. SERRANO, Ms. 

SHALALA, Mr. SIRES, Mr. SMITH of Washington, Mr. SOTO, Ms. SPEIER, 

Mr. SWALWELL of California, Mr. TAKANO, Mr. THOMPSON of California, 

Ms. TITUS, Mr. TRONE, Ms. TLAIB, Mr. TONKO, Mrs. TORRES of California, Mrs. TRAHAN, Mr. HUFFMAN, Mr. GARAMENDI, Mr. MCGOVERN, 

Ms. PORTER, Mr. CASE, Ms. OCASIO-CORTEZ, Mr. CICILLINE, Mr. 

GALLEGO, Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. GARCI ́A of Illinois, Ms. SHERRILL, Mr. DAVID SCOTT of Georgia, and Mr. 

DESAULNIER) introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To protect a woman’s ability to determine whether and when 

to bear a child or end a pregnancy, and to protect 

a health care provider’s ability to provide reproductive 

health care services, including abortion services. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Women’s Health Pro5 tection Act of 2019’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) Access to safe, legal abortion services is es9 sential to women’s health and central to women’s 

10 ability to participate equally in the economic and so11 cial life of the United States. 


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1 (2) Since 1973, the Supreme Court repeatedly 

2 has recognized the constitutional right of a woman 

3 to decide to terminate her pregnancy before fetal vi4 ability, and to terminate her pregnancy after fetal 

5 viability where it is necessary, in the good-faith med6 ical judgment of the treating health care profes7 sional, for the preservation of her life or health. 

8 (3) Nonetheless, access to safe, legal abortion 

9 services has been hindered across the United States 

10 in various ways, including blockades of health care 

11 facilities and associated violence, prohibitions of and 

12 restrictions on insurance coverage, restrictions which 

13 shame and stigmatize women seeking abortion serv14 ices, and medically unnecessary regulations which 

15 neither confer any health benefit nor further the 

16 safety of abortion services, but which harm women 

17 by delaying access to, and reducing the availability 

18 of, services. Since 2010, States and local govern19 ments have passed more than 400 such restrictions 

20 singling out health care providers who offer abortion 

21 services and interfering with health care providers’ 

22 ability to provide reproductive health care services 

23 and the ability of patients to obtain those services. 

24 (4) Many State and local governments have im25 posed restrictions on the provision of abortion that 


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1 are neither evidence-based nor generally applicable 

2 to the medical profession or to other medically com3 parable outpatient gynecological procedures, such as 

4 endometrial ablations, dilation and curettage for rea5 sons other than abortion, hysteroscopies, loop 

6 electrosurgical excision procedures, or other analo7 gous non-gynecological procedures performed in 

8 similar outpatient settings including vasectomy, 

9 sigmoidoscopy, and colonoscopy. 

10 (5) Legal abortion is one of the safest medical 

11 procedures in the United States. An independent re12 view of research on the safety and quality of abor13 tion services in the United States, published by the 

14 National Academies of Sciences, Engineering, and 

15 Medicine in 2018, found that abortion in all forms 

16 is safe and effective and that the biggest threats to 

17 the quality of abortion services in the United States 

18 are State regulations that create barriers to care. 

19 These abortion-specific restrictions conflict with 

20 medical standards and are not supported by the rec21 ommendations and guidelines issued by leading re22 productive health care professional organizations in23 cluding the American College of Obstetricians and 

24 Gynecologists, the Society of Family Planning, the 


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1 National Abortion Federation, the World Health Or2 ganization, and others. 

3 (6) Many abortion-specific restrictions do not 

4 confer any health or safety benefits on the patient. 

5 Instead, these restrictions have the purpose and ef6 fect of unduly burdening women’s personal and pri7 vate medical decisions to end their pregnancies by 

8 making access to abortion services more difficult, 

9 invasive, and costly, forcing women to travel signifi10 cant distances and make multiple unnecessary visits 

11 to the provider, and in some cases, foreclosing the 

12 option altogether. For example, a 2018 report from 

13 the University of California San Francisco’s Advanc14 ing New Standards in Reproductive Health research 

15 group found that in 27 cities across the United 

16 States, people have to travel more than 100 miles in 

17 any direction to reach an abortion provider. 

18 (7) These restrictions additionally harm wom19 en’s health by reducing access not only to abortion 

20 services but also to the other essential health care 

21 services offered by the providers targeted by the re22 strictions, including— 

23 (A) contraceptive services, which advance 

24 women’s health and provide a range of benefits, 


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1 including preventing unintended pregnancies 

2 and reducing the need for abortion; and 

3 (B) screenings for cervical cancer and sex4 ually transmitted infections. 

5 (8) The cumulative effect of these numerous re6 strictions has been to severely limit the availability 

7 of abortion services in some areas, creating a patch8 work system where access to abortion services is 

9 more available in some States than in others. A 

10 2019 report from the Government Accountability Of11 fice examining State Medicaid compliance with abor12 tion coverage requirements analyzed 7 key chal13 lenges (identified both by health care providers and 

14 research literature) and their effect on abortion ac15 cess, and found that access to abortion services var16 ied across the States and even within a State. 

17 (9) The harms of these abortion-specific restric18 tions fall especially heavily on low-income women, 

19 women of color, immigrants, young people, and 

20 women living in rural and other medically under21 served areas. 

22 (10) Abortion-specific restrictions single out 

23 health services used by women, and rely on and rein24 force stereotypes about women’s roles, women’s deci25 sionmaking, and women’s need for protection. These 


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1 restrictions harm the basic autonomy, dignity, equal2 ity, and ability of women to participate in the social 

3 and economic life of the Nation. 

4 (11) Not all people who become pregnant or 

5 need abortion services identify as women. Access to 

6 abortion services is critical to the health of every 

7 person regardless of actual or perceived race, color, 

8 national origin, immigration status, sex (including 

9 gender identity, sex stereotyping, or sexual orienta10 tion), age, or disability status. This Act’s protection 

11 is inclusive of all pregnant people. 

12 (12) These restrictions affect the cost and 

13 availability of abortion services, and the settings in 

14 which abortion services are delivered. Women travel 

15 across State lines and otherwise engage in interstate 

16 commerce to access this important medical care, and 

17 more would be forced to do so absent this Act. Like18 wise, health care providers travel across State lines 

19 and otherwise engage in interstate commerce in 

20 order to provide reproductive health services to pa21 tients, and more would be forced to do so absent this 

22 Act. 

23 (13) Health care providers, including those who 

24 provide abortion services, engage in a form of eco25 nomic and commercial activity when they provide 


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1 abortion services, and there is an interstate market 

2 for abortion services. 

3 (14) To provide abortion services, health care 

4 providers engage in interstate commerce to purchase 

5 medicine, medical equipment, and other necessary 

6 goods and services. To provide and assist others in 

7 providing abortion services, health care providers en8 gage in interstate commerce to obtain and provide 

9 training. To provide abortion services, health care 

10 providers employ and obtain commercial services 

11 from doctors, nurses, and other personnel who en12 gage in interstate commerce and travel across State 

13 lines. Abortion restrictions substantially affect inter14 state commerce in numerous ways. 

15 (15) It is difficult and time-consuming for clin16 ics to challenge State laws that burden or impede 

17 abortion services. Litigation that blocks one abortion 

18 restriction may not prevent a State from adopting 

19 other abortion restrictions or using different meth20 ods to burden or impede abortion services. There is 

21 a history and pattern of States passing successive 

22 and different laws that impede and unduly burden 

23 abortion services. 

24 (16) When a health care provider ceases pro25 viding abortion services as a result of burdensome 


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1 and medically unnecessary regulations, it is often 

2 difficult or impossible for that health care provider 

3 to recommence providing those abortion services, 

4 and difficult or impossible for other health care pro5 viders to provide abortion services that restore or re6 place the ceased abortion services. 

7 (17) An overwhelming majority of abortions in 

8 the United States are provided in clinics, not hos9 pitals. The large majority of United States counties 

10 have no clinics that provide abortion. 

11 (18) Congress has the authority to enact this 

12 Act to protect abortion services pursuant to— 

13 (A) its powers under the commerce clause 

14 of section 8 of article I of the Constitution of 

15 the United States; 

16 (B) its powers under section 5 of the Four17 teenth Amendment to the Constitution of the 

18 United States to enforce the provisions of sec19 tion 1 of the Fourteenth Amendment; and 

20 (C) its powers under the necessary and 

21 proper clause of section 8 of Article I of the 

22 Constitution of the United States. 

23 (19) Congress has used its authority in the past 

24 to protect women’s ability to access abortion services 

25 and health care providers’ ability to provide abortion 


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1 services. In the early 1990s, protests and blockades 

2 at health care facilities where abortion services were 

3 provided, and associated violence, increased dramati4 cally and reached crisis level, requiring Congres5 sional action. Congress passed the Freedom of Ac6 cess to Clinic Entrances Act (Public Law 103–259; 

7 108 Stat. 694) to address that situation and protect 

8 physical access to abortion services. 

9 (20) Congressional action is necessary to put an 

10 end to harmful restrictions, to federally protect ac11 cess to abortion services for all women regardless of 

12 where they live, and to protect the ability of repro13 ductive health care providers to provide these serv14 ices in a safe and accessible manner. 

15 (b) PURPOSE.—It is the purpose of this Act— 

16 (1) to permit health care providers to provide 

17 abortion services without limitations or requirements 

18 that single out the provision of abortion services for 

19 restrictions that are more burdensome than those re20 strictions imposed on medically comparable proce21 dures, do not significantly advance women’s health 

22 or the safety of abortion services, and make abortion 

23 services more difficult to access; 


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1 (2) to promote women’s health and women’s 

2 ability to participate equally in the economic and so3 cial life of the United States; and 

4 (3) to invoke Congressional authority, including 

5 the powers of Congress under the commerce clause 

6 of section 8 of article I of the Constitution of the 

7 United States, its powers under section 5 of the 

8 Fourteenth Amendment to the Constitution of the 

9 United States to enforce the provisions of section 1 

10 of the Fourteenth Amendment, and its powers under 

11 the necessary and proper clause of section 8 of arti12 cle I of the Constitution of the United States. 

13 SEC. 3. DEFINITIONS. 

14 In this Act: 

15 (1) ABORTION SERVICES.—The term ‘‘abortion 

16 services’’ means an abortion and any medical or 

17 non-medical services related to and provided in con18 junction with an abortion (whether or not provided 

19 at the same time or on the same day as the abor20 tion). 

21 (2) HEALTH CARE PROVIDER.—The term 

22 ‘‘health care provider’’ means any entity or indi23 vidual (including any physician, certified nurse-mid24 wife, nurse practitioner, and physician assistant) 

25 that is— 


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1 (A) engaged in the delivery of health care 

2 services, including abortion services; and 

3 (B) if required by law or regulation to be 

4 licensed or certified to engage in the delivery of 

5 such services, is so licensed or certified. 

6 (3) MEDICALLY COMPARABLE PROCEDURES.— 

7 The term ‘‘medically comparable procedures’’ means 

8 medical procedures that are similar in terms of 

9 health and safety risks to the patient, complexity, or 

10 the clinical setting that is indicated. 

11 (4) PREGNANCY.—The term ‘‘pregnancy’’ refers 

12 to the period of the human reproductive process be13 ginning with the implantation of a fertilized egg. 

14 (5) VIABILITY.—The term ‘‘viability’’ means 

15 the point in a pregnancy at which, in the good-faith 

16 medical judgment of the treating health care pro17 vider, based on the particular facts of the case be18 fore the health care provider, there is a reasonable 

19 likelihood of sustained fetal survival outside the 

20 uterus with or without artificial support. 

21 SEC. 4. PERMITTED SERVICES. 

22 (a) GENERAL RULE.—A health care provider has a 

23 statutory right under this Act to provide abortion services, 

24 and may provide abortion services, and that provider’s paVerDate Sep 11 2014 03:29 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2975.IH H2975

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1 tient has a corresponding right to receive such services, 

2 without any of the following limitations or requirements: 

3 (1) A requirement that a health care provider 

4 perform specific tests or medical procedures in con5 nection with the provision of abortion services, un6 less generally required for the provision of medically 

7 comparable procedures. 

8 (2) A requirement that the same health care 

9 provider who provides abortion services also perform 

10 specified tests, services, or procedures prior to or 

11 subsequent to the abortion. 

12 (3) A requirement that a health care provider 

13 offer or provide the patient seeking abortion services 

14 medically inaccurate information in advance of or 

15 during abortion services. 

16 (4) A limitation on a health care provider’s abil17 ity to prescribe or dispense drugs based on current 

18 evidence-based regimens or the provider’s good-faith 

19 medical judgment, other than a limitation generally 

20 applicable to the medical profession. 

21 (5) A limitation on a health care provider’s abil22 ity to provide abortion services via telemedicine, 

23 other than a limitation generally applicable to the 

24 provision of medical services via telemedicine. 


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1 (6) A requirement or limitation concerning the 

2 physical plant, equipment, staffing, or hospital 

3 transfer arrangements of facilities where abortion 

4 services are provided, or the credentials or hospital 

5 privileges or status of personnel at such facilities, 

6 that is not imposed on facilities or the personnel of 

7 facilities where medically comparable procedures are 

8 performed. 

9 (7) A requirement that, prior to obtaining an 

10 abortion, a patient make one or more medically un11 necessary in-person visits to the provider of abortion 

12 services or to any individual or entity that does not 

13 provide abortion services. 

14 (8) A prohibition on abortion prior to fetal via15 bility, including a prohibition or restriction on a par16 ticular abortion procedure. 

17 (9) A prohibition on abortion after fetal viabil18 ity when, in the good-faith medical judgment of the 

19 treating health care provider, continuation of the 

20 pregnancy would pose a risk to the pregnant pa21 tient’s life or health. 

22 (10) A limitation on a health care provider’s 

23 ability to provide immediate abortion services when 

24 that health care provider believes, based on the 


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1 good-faith medical judgment of the provider, that 

2 delay would pose a risk to the patient’s health. 

3 (11) A requirement that a patient seeking abor4 tion services prior to fetal viability state the pa5 tient’s reasons for seeking abortion services, or a 

6 limitation on the provision of abortion services prior 

7 to fetal viability based on the patient’s reasons or 

8 perceived reasons for obtaining abortion services. 

9 (b) OTHER LIMITATIONS OR REQUIREMENTS.—A 

10 health care provider has a statutory right to provide abor11 tion services, and may provide abortion services, and that 

12 provider’s patient has a corresponding right to receive 

13 such services, without a limitation or requirement that— 

14 (1) is the same as or similar to one or more of 

15 the limitations or requirements described in sub16 section (a); or 

17 (2) both— 

18 (A) singles out the provision of abortion 

19 services, health care providers who provide 

20 abortion services, or facilities in which abortion 

21 services are provided; and 

22 (B) impedes access to abortion services 

23 based on one or more of the factors described 

24 in subsection (c). 


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1 (c) FACTORS FOR CONSIDERATION.—Factors for a 

2 court to consider in determining whether a limitation or 

3 requirement impedes access to abortion services for pur4 poses of subsection (b)(2)(B) include the following: 

5 (1) Whether the limitation or requirement 

6 interferes with a health care provider’s ability to 

7 provide care and render services in accordance with 

8 the provider’s good-faith medical judgment. 

9 (2) Whether the limitation or requirement is 

10 reasonably likely to delay some patients in accessing 

11 abortion services. 

12 (3) Whether the limitation or requirement is 

13 reasonably likely to directly or indirectly increase the 

14 cost of providing abortion services or the cost for ob15 taining abortion services (including costs associated 

16 with travel, childcare, or time off work). 

17 (4) Whether the limitation or requirement is 

18 reasonably likely to have the effect of necessitating 

19 a trip to the offices of a health care provider that 

20 would not otherwise be required. 

21 (5) Whether the limitation or requirement is 

22 reasonably likely to result in a decrease in the avail23 ability of abortion services in a given State or geo24 graphic region. 


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1 (6) Whether the limitation or requirement im2 poses penalties that are not imposed on other health 

3 care providers for comparable conduct or failure to 

4 act, or that are more severe than penalties imposed 

5 on other health care providers for comparable con6 duct or failure to act. 

7 (7) The cumulative impact of the limitation or 

8 requirement combined with other new or existing 

9 limitations or requirements. 

10 (d) EXCEPTION.—To defend against a claim that a 

11 limitation or requirement violates a health care provider’s 

12 or patient’s statutory rights under subsection (b), a party 

13 must establish, by clear and convincing evidence, that— 

14 (1) the limitation or requirement significantly 

15 advances the safety of abortion services or the health 

16 of patients; and 

17 (2) the safety of abortion services or the health 

18 of patients cannot be advanced by a less restrictive 

19 alternative measure or action. 

20 (e) APPLICABILITY.— 

21 (1) GENERAL RELATIONSHIP TO FEDERAL

22 LAW.—Except as stated in paragraph (2), this Act 

23 supersedes and applies to all Federal law, and the 

24 implementation of that law, whether statutory or 

25 otherwise, and whether adopted before or after the 


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1 date of enactment of this Act, notwithstanding any 

2 other provision of Federal law, including the Reli3 gious Freedom Restoration Act of 1993 (42 U.S.C. 

4 2000bb et seq.). 

5 (2) LIMITATIONS.—The provisions of this Act 

6 shall not supersede or apply to— 

7 (A) laws regulating physical access to clin8 ic entrances; 

9 (B) insurance or medical assistance cov10 erage of abortion services; 

11 (C) the procedure described in section 

12 1531(b)(1) of title 18, United States Code; or 

13 (D) generally applicable State contract 

14 law. 

15 SEC. 5. RELATIONSHIP TO STATE LAW AND PREEMPTION. 

16 No State, territory, or possession of the United 

17 States, or the District of Columbia, or the Commonwealth 

18 of Puerto Rico, or subdivision, branch, department, agen19 cy, instrumentality, or official (or other person acting 

20 under color of law) of any of the foregoing, shall enact 

21 or enforce any law, rule, regulation, standard, or other 

22 provision having the force and effect of law that conflicts 

23 with any provision of this Act. 


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1 SEC. 6. EFFECTIVE DATE. 

2 This Act shall take effect immediately upon the date 

3 of enactment of this Act. This Act shall apply to all re4 strictions on the provision of, or access to, abortion serv5 ices whether the restrictions are enacted or imposed prior 

6 to or after the date of enactment of this Act, except as 

7 otherwise provided in this Act. 

8 SEC. 7. LIBERAL CONSTRUCTION. 

9 (a) LIBERAL CONSTRUCTION.—In interpreting the 

10 provisions of this Act, a court shall liberally construe such 

11 provisions to effectuate the purposes of the Act. 

12 (b) RULE OF CONSTRUCTION.—Nothing in this Act 

13 shall be construed to authorize any government to inter14 fere with a woman’s ability to terminate her pregnancy, 

15 to diminish or in any way negatively affect a woman’s con16 stitutional right to terminate her pregnancy, or to displace 

17 any other remedy for violations of the constitutional right 

18 to terminate a pregnancy. 

19 SEC. 8. ENFORCEMENT. 

20 (a) ATTORNEY GENERAL.—The Attorney General 

21 may commence a civil action for prospective injunctive re22 lief on behalf of the United States against any government 

23 official that is charged with implementing or enforcing any 

24 limitation or requirement that is challenged as a violation 

25 of a statutory right under this Act. The court shall hold 


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1 unlawful and set aside the limitation or requirement if it 

2 is in violation of this Act. 

3 (b) PRIVATE RIGHT OF ACTION.— 

4 (1) IN GENERAL.—Any individual or entity, in5 cluding any health care provider, aggrieved by an al6 leged violation of this Act may commence a civil ac7 tion for prospective injunctive relief against the gov8 ernment official that is charged with implementing 

9 or enforcing the limitation or requirement that is 

10 challenged as a violation of a statutory right under 

11 this Act. The court shall hold unlawful and set aside 

12 the limitation or requirement if it is in violation of 

13 this Act. 

14 (2) HEALTH CARE PROVIDER.—A health care 

15 provider may commence an action for prospective in16 junctive relief on its own behalf and/or on behalf of 

17 the provider’s patients who are or may be adversely 

18 affected by an alleged violation of this Act. 

19 (c) EQUITABLE RELIEF.—In any action under this 

20 section, the court may award appropriate equitable relief, 

21 including temporary, preliminary, or permanent injunctive 

22 relief. 

23 (d) COSTS.—In any action under this section, the 

24 court shall award costs of litigation, as well as reasonable 

25 attorney fees, to any prevailing plaintiff. A plaintiff shall 


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1 not be liable to a defendant for costs in any non-frivolous 

2 action under this section. 

3 (e) JURISDICTION.—The district courts of the United 

4 States shall have jurisdiction over proceedings under this 

5 Act and shall exercise the same without regard to whether 

6 the party aggrieved shall have exhausted any administra7 tive or other remedies that may be provided for by law. 

8 (f) ABROGATION OF STATE IMMUNITY.—A State 

9 shall not be immune under the Eleventh Amendment to 

10 the Constitution of the United States from an action in 

11 Federal or State court of competent jurisdiction for a vio12 lation of this Act. In any action against a State for a viola13 tion of the requirements of this Act, remedies (including 

14 remedies both at law and in equity) are available for such 

15 a violation to the same extent as such remedies are avail16 able for such a violation in an action against any public 

17 or private entity other than a State. 

18 SEC. 9. SEVERABILITY. 

19 If any provision of this Act, or the application of such 

20 provision to any person, entity, government, or cir21 cumstance, is held to be unconstitutional, the remainder 

22 of this Act, or the application of such provision to all other 

23 persons, entities, governments, or circumstances, shall not 

24 be affected thereby. 

Æ 


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